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Home My WebLink About1968 03-25 CCM Regular Session ?r *. Minutes of the Proceedings of the City Council of the City of Brooklyn Center In the County of Hennepin and State of Minnesota March 25, 1968 The City Council met in regular session and was called to order by Mayor Philip Cohen at 7 :35 P. M. Roll Call: Mayor Philip Cohen, John Leary, Earl Rydberg, Howard Heck and Theodore Willard. Also present were: D. G. Poss, P. W. Holmlund, Charles VanEeckhout, Richard Schieffer, Dick Cihoski, Jerry Dulgar, Thomas O`Hehir and Dale Hamilton. Motion by John Leary and seconded by Theodore Willard to approve the minutes of the March 11, 1968 as submitted. Voting in favor were: Philip Cohen, John Leary, Earl Rydberg, Howard Heck, and Theodore Willard. Voting against: none. Motion carried unanimously. Motion by Howard Heck and seconded by Earl Rydberg to authorize the c' City Manager to prepare specifications and advertise for bids for the hallowing M listed items, said bids to be received at 10 :00 A. M. on Monday, April 8th, 1968 t:3 at the Brooklyn Center City Hall. 1, Stabilized Gravel and Fine Aggregate. 2. Plant -mixed Bituminous Materials. 3. Bituminous Oil. 4. Corrugated metal pipe. S. Reinforced metal pipe. Voting in favor were: Philip Cohen, john Leary, Earl Rydberg, Howard Heck and Theodore Willard. Voting against: none, Motion carried unanimously. Member Theodore Willard introduced the following Ordinance, moved to declare a complete second reading and further moved its adoption: ORDINANCE NO, 68 -8 AN ORDINANCE AMENDING CHAPTER 19 (SECTION 19.205) OF THE CITY ORDINANCES INVOLVING THEFT THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1: Chapter 19 of the City Ordinances is hereby amended by the repeal of the following section: ( Section 19 -205. THEFT. Every person who commits a theft as defined in Section 609.52 of the Minnesota Criminal Code (West 1963), Laws of 1963, Chapter 753 which is not punishable as a felony under state law upon conviction therefore shall be liable to the same fine or imprisonment provided for in Section 19 -201 of the Village of Brooklyn Center Ordinances.) Section 2: Chapter 19 of the City Ordinances is hereby amended by the addition of the following: Section 19 -205. THEFT AND RELATED OFFENSES Subdivision 1. Every person who commits a theft as defined in Section 609.52 of the Minnesota Criminal Code, Laws of 1963, Chapter 753 and its successors, which is not .punishable as a felony under the state law, upon conviction therefore, shall be liable to the same fine or imprisonment as is provided in Section 19-201, the Ordinances of the City of Brooklyn Center. -1- 1 Subdivision 2, Every person who receives or conceals stolen property as defined in Section 609.53 of the Minnesota Criminal Code Laws of 1963, Chapter 753 and its Successors,- which is not punishable as a felony understate law, upon conviction therefore, shall be liable to the same fine or imprisonment as is provided in Section 19 -201 of the Ordinances of the City of Brooklyn Center. Section 3: This ordinance shall become effective after adoption and thirty days following its legal publication. Adopted this 25th day of March, 1968. The motion for the adoption of the foregoing ordinance was duly seconded by member john Leary, and upon a vote being taken thereon, the following voted In favor thereof: Philip Cohen, john Leary, Earl Rydberg, Howard Heck and Theodore Willard, and the following voted against the same: none, whereupon said ordinance was declared duly passed and adopted. Member john Leary introduced the following resolution and moved its adoption: M RESOLUTION NO, 68 -63 REDQN ESTABLISHING MUNICIPAL STATE AID STREETS The motion for the adoption of the foregoing resolution was duly seconded by member Theodore Willard, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, john Leary, Earl Rydberg, Howard Heck and Theodore Willard, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Member Howard Heck introduced the following resolution and moved its adoption: RESOLUTION NO. 68 -64 RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR STREET GRADING, BASE & SURFACING IMPROVEMENT PROJECT NO. 1968 -22 AND CURB & GUTTER IMPROVEMENT PROJECT NO. 1968 -23 AND DIRECTING ADVERTISEMENT FOR BIDS The motion for the adoption of the foregoing resolution was duly seconded by member Earl Rydberg, and upon vote being taken thereon, the following voted An favor thereof: Philip Cohen, John Leary, Howard Heck, Earl Rydberg and Theodore Willard and the following voted against the same: none,, whereupon said resolution was ded aced duly passed and adopted. Member Theodore Willard introduced the following resolution and moved its adoption: RESOLUTION NO. 68 -65 RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED WATER MAIN IMPROVEMENT PROJECT NO. 1968 -31 The motion for the adoptihk:of thd - lbregoing resolution-was duly seconded by member Howard Heck, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, john Leary, Earl Rydberg, Howard Heck and Theodore Willard, and the following voted against the same: none, whereupon said resolution was deccared duly passed and adopted. Member Earl Rydberg introduced the following resolution and moved its adoption: RESOLUTION NO. 68 -66 -2- 1 RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED STREET SURFACM IMPROVEMENT PROJECT NO.,--1968-32 The motion for the adoption of the foregoing resolution was duly seconded by Member John Leary, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, John Leary, Earl Rydberg, Howard Heck and Theodore Willard, and the following voted against the same: none, whereupon said resolution was delcared duly passed and adopted. Member Theodore Willad introduced the following resolution and moved Its adoption: RESOLUTION NO. 6$ -67 RESOLUTION REIMBURSING DEVELOPER FOR CITY WATER MAIN INSTALLED IN EMERSON AVENUE BETWEEN 67th AVENUE NORTH AND THE NOR H LINZ OF HI GREST S U ADDITION The motion for the adoption of the foregoing resolution was duly seconded by member Howard Heck,and upon vote being taken thereon, the following voted in favor thereof; Philip Cohen, John Leary, Earl Rydberg, Howard Heck and Theodore Willard, and the following voted against the same: none, whereupon said resolution was delcared duly passed and adopted, Motion by John Leary and seconded by Earl Rydberg to approve the following; U licenses: Rubbish Haulip2 License Elvin Garbage Service 5902 Mendelssohn Road Service Station License Brooklyn Center Texaco 6601 Lyndale Avenue North Food Establishment License Brooklyn Center American Little League 6831 Regent Avenue North Vending Machine Licenses Crabtree Vending 7900 Computer Avenue Ken's Vending 5812 James Avenue North Phillips "66" 5001 Drew Avenue North Non - Intoxicating Malt Liquor "On Sale "License Chuck Wagon Inn 5720 Morgan Avenue North Cigarette License Chuck Wagon Inn 5720 Morgan Avenue North Voting in favor were: Philip Cohen, John Leary, Earl Rydberg, Howard Heck and Theodore Willard. Voting against: none. Motion carried unanimously. The Mayor announced that the meeting was open for the consideration of proposed Water Main Improvement Project No. 1968 -29. The Clerk produced an affidavit of publication of notice of hearing on the proposed improvement showing two weeks publication thereof in the official newspaper, the last publication being on itch 21, 1968, which affidavit was examined and found satisfactory and ordered placed on file. The Mayor then called upon all property owners present to present arguments either for or against the proposed improvement. After hearing and considering all objections, and the property owners appearing in favor of said improvement, member Theodore Willard introduced the following resolution and moved its adoption: SOLUTION NO. 68 -68 -3- I 1 RESOLUTION ORDERING CONSTRUCTION OF WATER MAIN IMPROVEMENT PROTECT NO, 1968 -29 The motion fbr the adoption of the foregoing resolution was duly seconded by member John Leary, and upon vote being taken thereon, the following voted lh favor thereof: Philip Cohen, John Leary, Earl Rydberg, Howard Heck and Theodore Willard; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The Mayor announced that the meeting was open for the consideration of proposed Street Surfacing Improvement Project No. 1968 -30. The Clerk produced an affidavit of publication of notice of hearing on the proposed improvement showing two weeks' publication thereof in the official newspaper, the last publication being on March 21, 1968, which affidavit was examined and found satisfactory and ordered placed on file. The Mayor then called upon all property owners present to present arguments either for or against the proposed improvement. After hearing and considering all objections, and the property owners appearing in favor of said ` . i ., improvement, member Howard Heck introduced the following resolution and C d moved its adoption: RESOLUTION NO. 68 -69 U RESOLUTION ORDERING CONSw OF STREET SURFACING IMPROVEMENT PROJECT NO. 1968 -30 The motion for the adoption of the foregoing resolution was duly seconded by member Earl Rydberg, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, John Leary, Earl Rydberg, Howard Heck and Theodore Willard; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The Mayor announced that the meeting was open for the consideration of proposed Water Main Improvement Project No. 1968 -2. The Clerk produced an affidavit of publication of notice of hearing on the proposed improvement showing two weeks' publication thereof in the official newspaper, the last publication being on March 21, 1968, which affidavit was examined and found satisfactory and ordered placed on file. The Mayor then called upon all property owners present to present arguments either for or against the proposed improvement. After hearing and considering all objections, and the property, owners appearing in favor of said improvement, member John Leary introduced the following resolution and moved it adoption: RESOLUTION NO. 68 -70 RESOLUTION ORDERING CONSTRUCTION OF WATER MAIN IMPROVEMENT PROTECT NO, 1968 -2 The motion for the adoption of the foregoing resolution was duly seconded by member Theodore Willard, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, John Leary, Earl Rydberg, Howard Heck and Theodore Willard; and the following voted against the same: none, whereupc said resolution was declared duty passed and adopted. Councilman Willard left the meeting at 8:18 P. M. The Mayor announced that the meeting was open for the consideration of proposed Grading, Base & Surfacing Improvement Project No. 1968 -3. The Clerk produced an affidavit of publication of notice of hearing on the proposed improvement showing two weeks' publication thereof in the official newspaper, the last publication being on March 21, 1968, which affidavit was examined and found satisfactory and ordered placed on file. -4- The Mayor then called upon all. property owners present to present arguments either for or against the proposed improvement. After hearing and considering all objections, and the property owners appearing in favor of said improvement, member John Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 68 -71 RESOLUTION ORDERING CONSTRUCTION OF GRADING, BASE & SURFACING IMPROVEMENT PROJECT NO, 1968 -3 The motion for the adoption of the adoption of the foregoing resolution was duly seconded by member Howard Heck, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, John Leary, Earl Rydberg, and Howard Heck; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The Mayor announced that the meeting was open for the consideration of proposed Curb & Gutter Improvement Project No. 1968 -4. The Clerk produced an affidavit of publication of notice of hearing on �±+ the proposed improvement showing two weeks' publication thereof in the official newspaper, the last publication being on March 21, 1968, which affidavit was examined and found satisfactory and ordered placed on file. V L7 The Mayor then called upon all property owners present to present arguments either for or against the proposed improvement. After hearing and considering all objections, and the property owners appearing in favor of said improvement, member Earl Rydberg introduced the following resolutdon and moved its adoption: RESOLUTION NO. 68 -72 RESOLUTION ORDERING CONSTRUCTION OF CURB & GUTTER IMPROVEMENT PROJECT NO. 1'968-4 The motion for the adoption of the foregoing resolution was duly seconded by member Howard Heck, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, John Leary, Earl Rydberg, and Howard Heck; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The meeting recessed at 9 :05 P.M. and resumed at 9 :37 P.M. Council- man Willard returned to the meeting at 9 :40 P. M. The City Manager reviewed the Planning Commission's action relating to Application #68003 for the Council. Mr. Schlicting representing Sears and Roebuck Company was present. Motion by John Leary and seconded by Howard Heck to approve Application #68003 with the same standards to apply in 1968 as did in 1967. Voting in favor were Philip Cohen, John Leary, Earl Rydberg, Howard Heck and Theodore Willard. Voting against: none. Motion carried unanimously. The City Manager reviewed the Planning Commission's action on Application #68008 for the Council. Mr. Taplin and Mr. Segal representing Federal Lumber Company discussed the site and building plans for the Council. Motion by John Leary and seconded by Theodore Willard to approve Application #6=8 with the following stipulations and conditions: 1. The building plans are subject to the Building Inspector's approval with regard to applicable building codes; 2. Poured -in -place type concrete curbing shall be installed along the perimeter of all parking and driving areas except those areas adjacqut to the chain link fencing on the site; -5- 3 The appl$wnt shall submit utility drainage pis that are satisfactory to the City Engineer. 4. A performance agreement and performance bond shall be submitted to the City to guarantee the installation of the site improvements delineated on the plans, with the amount of such bond to be determined by the City Manager. Voting in favor were: Philip Cohen, john Leary, Earl Rydberg, Howwd Hk *,ad Theodore Willard. Voting against: none. Motion carried unaftimmely. The City Manager reviewed the Planning Commission's action concen*w Appation #68009 for the Council. Mr. Mueller and Mr. Doepke representing Taco Towne Restaurant were present to discuss the application with the Council. , The Mayor stated that the City had received a letter of concurrence with the sign from M and E Realty, owners of the Lynn -Brook Center. Motion by Theodore Willard and seconded by Earl Rydberg to approve Application #68009 with the following stipulations and conditionst 1. A 160 square foot sign area be permitted on the Lynn - Brook Cr Center sign, with the sign not to exceed the previously C.7 approved 20 feet in height. L► Voting in favor were: Philip Cohen, john Leary, Howard Heck, Earl Rydberg and Theodore Willard. Voting against: none. Motion carried unani- mously. Member Howard Heck introduced the following resolution and moved its adoption: RESOLUTION NO. 68-73 RESOLUTION REGARDING PLANNING APPLICATION NO. 67005 CHAZIN, GILLES AND SHELL (OIL COMPANY vs. THE CITY OF BROOKLYN CE WER The motion for the adoption of the foregoing resolution was duly seconded by member john Leary, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, john Leary, Earl Rydberg, Howard Heck and Theodore Willard; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager, the staff and the Council reviewed Section 35 -300 through 35 -400 of the fifth draft (dated February 21, 1968) of the proposed zoning ordinance. Motion by Theodore Willard and seconded by john Leary that the meeting be adjourned. Voting in favor were: Philip Cohen, john Leary, Earl Rydberg, Howard Heck and Theodore Willard. Voting against: none. Motion carried unanimously. The City Council adjourned at 1 •38 P. M. P Clerk Mayor -6-